Transactions & Dealings >> Inheritance & Will
Question ID: 40778Country: India
Answer ID: 40778
Bismillah hir-Rahman nir-Rahim !
(Fatwa: 763/736/N=1433) (1) Yes, women have their rights in agricultural land as each legal heir has his or her share in all the things left by a deceased person. Almighty Allah says in the holy Quran: لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَّفْرُوضاً [النساء : 7] (2) Rather according to Shariah it is wajib and necessary to give the Shariah share to the brothers and sisters whether they demand it or not. Yes, if any heir gives his or her share to his or her brother or sister after taking it into his or her possession then there is no harm in it. He or she can gift it. (3) Yes, sisters too shall have their share in it like the brothers. (4) If the Shariah heirs are only these four sisters and three brothers then out of 15 bigha 3 bigha shall go to each brother and 1.5 bigah to each sister. The detail of division is as follows: Details: Sons: 3x3 = 9 bigha Daughters: 4x1.5 = 6 bigha Total: 15 Bigha
Allah (Subhana Wa Ta'ala) knows Best
Darul Ifta,
Darul Uloom Deoband, India